Peoples Realty Co. v. Southern Colonization Co.

Citations

• 78 Fla. 628

Syllabus

<p>1. To 'open up a final decree, after 20 diays, in order to let in a defense, it must be shown there was deceit, surprise, or irregularity in obtaining the decree, that the defendant acted dona fide, and with reasonable diligence, that he has a meritorious defense, and that strong and unavoidable circumstances exist excusing the failure to answer at the proper time, and the proposed answer should be exhibited at the time of making the application.</p> <p>2. Presumably the order of the Circuit Court setting aside a decree pro oonfesso and final decree entered thereon, is in accordiance with the requirements of law and equity procedure, and the burden is on the appellant who appeals from such order to clearly show it is erroneous.</p> <p>3. Where the showing made and the contents of the order of the court appealed from do not make error to clearly appear the order will be affirmed.</p>